Commonwealth v. Gormley
Massachusetts Supreme Judicial Court
Complaint alleging that the defendant, at Somerville, on October 30, 1881, unlawfully sold to Thomas Casey one gill of whiskey.
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Complaint alleging that the defendant, at Somerville, on October 30, 1881, unlawfully sold to Thomas Casey one gill of whiskey. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: Casey, a boy under twelve years of age, was called as a witness by the government, and testified that his name was Thomas F. Casey; that, on the day in question, he was furnished with money by one Mary Daley, and told to go to the shop kept by Andrew Gormley in the dwelling-house occupied by himself and his wife, the defendant, and purchase one gill of…
1Opinion of the CourtField, J.
The first exception was not argued, and the instruction that the “ defendant may be convicted of a sale to Thomas F. Casey, if he was the person named in the complaint, as the person to whom the defendant made an unlawful sale, notwithstanding he is styled in the complaint Thomas Casey, provided that person was as well known and called by the name of Thomas Casey as by the name of Thomas F. Casey,” was correct. Commonwealth v. O'Hearn, 132 Mass. 553. Commonwealth v. Desmarteau, 16 Gray, 1, 17. Commonwealth v. Shearman, 11 Cush. 546.
The exceptions do not purport to set out the whole evidence,,…
2Cases cited1 opinion
- Commonwealth v. O'HearnMassachusetts Supreme Judicial Court · 1882
3Cited by10 opinions
- Commonwealth v. GouldMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. CaponiMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. O'LearyMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. BuckleyMassachusetts Supreme Judicial Court · 1887
- Young v. JewellMassachusetts Supreme Judicial Court · 1909
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